What Are the Advantages of the Illinois Probate Process?

Although the probate process can take time, there are several advantages to estate administration in probate court. For instance, when an estate goes to probate, any claims against the estate must be filed within six months of the notification of death. If the estate is not in probate (i.e., if all property is distributed through a trust), creditors have up to two years to file a claim against the estate.

Another advantage of the probate process is that it provides a forum in which any disputes can be settled. For instance, if there are disputed creditor claims or will contests, the probate court will handle these disputes and provide a ruling on the matters. Though most probate proceedings are processed without dispute, will contests can arise over issues such as:

• Claims that someone unduly influenced the decedent in connection with the will
• Claims that the decedent didn’t have the mental capacity to make a valid will
• Claims that the execution of the will was invalid and did not meet Illinois state law requirements
• Claims that the language in the will is unclear
• Accusations of wrongdoing by the executor
• Identification of the appropriate heirs under state law (in the event that there is no will)